No Fault Does Not Mean No Consequences

In no-fault divorce states like Florida, many people wrongly assume that their past behavior will not come back to haunt them during their divorce settlement. Nothing could be farther from the truth.

Just what does no-fault mean?

The phrase “no-fault divorce” means that neither spouse is required to prove misconduct on the part of the other in order to file for divorce. No-fault divorce states allow the termination of a marriage based solely on assertions of incompatibility or irreconcilable differences.

Consequences of misconduct

But just because you file for divorce in a no-fault state, that does not mean all of your marital misdeeds are wiped off the slate. You may not be required to prove misconduct to file for divorce, but family law certainly allows for its consideration, and it may affect the outcome of your divorce in several ways.

Marital misconduct legally encompasses any conduct that undermines your marriage. It may include, but is by no means limited to:

Adultery

Domestic violence or spousal abuse

Addictions

Economic fault

These behaviors are not considered in a divorce to punish the wrongdoer, but to ensure the victimized spouse is fairly compensated for suffering and damages incurred during the marriage. If the victimized spouse was forced to contribute more to the marriage while it existed, it is only fair that they should be compensated additionally once the marriage ends.

If both spouses are guilty of marital misconduct, the court can choose to call the ledger even, and disregard all instances of marital misconduct when considering the divorce agreement. Contact us at (727) 531-8737 to schedule your free initial consultation.

How Does Your Firm Help Complex Divorce Cases?

A divorce may involve complex financial questions like business valuations or imputing income for a self-employed or unemployed spouse. Emotional conflict over parenting issues can also make the case exceedingly complex. We help you define what it means to "win" your case and develop a strategy that meets your goals.

What Experiences Does Your Firm Have With High Assest Divorces?

As one of the few Board Certified Family Law experts in Pinellas County, our firm has extensive experience dealing with high asset divorces. We assist in identifying and valuing complex assets. We also understand the need to retain a business or ownership interest undivided as part of the equitable distribution.

Why Does Someone Need an Attorney for Modification?

Divorce decrees regarding alimony, child support or parenting and timesharing are court orders that can only be changed by going back to court and proving that a modification is justified according to legal principles. The other party may oppose the modification, and litigation may be required.

Why Is Your Firm the Best Choice for Legal Issues Concerning Children?

Gary E. Williams is a certified family law mediator as well as a board certified specialist in family law. We work with you and your spouse to create lasting agreements that work for the whole family. If agreement can't be reached, we provide strong, effective representation to protect your rights and your children's best interests.

Disclaimer – The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The content of this Website may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaimes all liability in respect to actions taken or not taken based on any or all the contents of this Website.